Divorce procedure when there is a co-respondent
Words you may need to know
A co - respondent is someone who has had a affair with one of the people in a marriage. In a divorce, if they are named, they are then a party to the divorce proceedings.
A Petitioner is the person asking for the divorce
A Respondentis the person being divorced by the petitioner
If the case is defendedit means the other person does not agree with what is being asked for, in this case a divorce.
Service of forms
The Viscount's Department serve or give out the forms on behalf of the lawyers acting for the petitioner, and they have to go on the information given to them on where the person being contacted may be living or working. As the Viscount's Department only work normal office hours, this may result in the forms being served at a person's place of work, especially if their home address is unknown or they move often.
Sometimes the respondent and/or co-respondent will be contacted by the Viscount's Department and asked to call in to the Department to get the forms.
The respondent, and/or co-respondent are served with:
Form 3 Notice of proceedings, and
Form 4 Acknowledgement of Service.
These forms must be filled out and returned to the Judicial Greffe
Filling out forms
It is very important that a co-respondent should say on the Acknowledgement (Form 4) that they 'want to be heard' on costs. Even in undefended cases a Petitioner may ask for their costs.